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2025 DAILYLAW 70601 (KAR)

SRI. MUNSIF AHMED v. STATE BYCHENNARAYAPATNA P. S.

CRL.P/3204/2024 · 2025-09-17

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37173 CRL.P No. 3204 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 3204 OF 2024 BETWEEN: SRI. MUNSIF AHMED AGED 46 YEARS, AGED ABOUT 48 YEARS NO.20, 2ND CROSS, KASTURI NAGAR, BENGALURU NORTH, MAGADI ROAD, BENGALURU CITY KARNATAKA …PETITIONER (BY SRI. SAMEER S N.,ADVOCATE) AND: 1. STATE BYCHENNARAYAPATNA P. S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU 2. SUDEEP N R S/O RAVICHANDRA N S NALLAPPANAHALLI VILLAGE DEVANAHALLI TALUK, BENGALURU DISTRICT, KARNATAKA …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37173 CRL.P No. 3204 of 2024 THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE FIR IN CR.NO.67/2023 REGISTERED BY THE RESPONDENT NO.1 CHANNARAYAPATTANA P.S DEVANAHALLI TALUK DATED 26.05.2023 SUBMITTED TO THE ADDL.CIVIL JUDGE AND J.M.F.C COURT DEVANAHALLI BENGALURU DISTRICT AND THE SUBSEQUENT AND THE PROCEEDINGS SUBSEQUENT TO THE SUBMITTING OF CHARGE SHEET IN C.C.NO.3369/2023 SUBMITTED BY THE RESPONDENT - CHANNARAYAPATTANA P.S. DEVANAHALLI TALUK BENGALURU RURAL DISTRICT TO THE ADDL.CIVIL JUDGE AND J.M.F.C COURT DEVANAHALLI BENGALURU DISTRICT AT ANNEXURE-E. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by accused No.2 seeking quashing of the proceedings in C.C. No.3369/2023 for the offences punishable under Sections 279 and 304-A of the Indian Penal Code, 1860, and under Sections 3(1), 177, 180, 181 and 283 of the Motor Vehicles Act, 1988. 2. The petitioner is being prosecuted in the aforesaid case arising out of an accident that occurred on 25.05.2023. It is the case of the petitioner that his vehicle was parked at the - 3 - HC-KAR NC: 2025:KHC:37173 CRL.P No. 3204 of 2024 relevant point of time and was in no way involved in the accident. He contends that a false case has been registered and that he has been implicated without any basis, despite having no nexus with the alleged incident. Placing reliance on the materials collected during investigation, a feeble attempt has been made before this Court to persuade it to quash the proceedings on the ground of false implication. 3. Having heard the learned counsel on both sides and upon perusal of the charge-sheet papers, this Court finds that the defence put forth by the petitioner namely, that his vehicle was stationary and he bore no responsibility for the accident raises disputed questions of fact which cannot be examined in the exercise of jurisdiction under Section 482 of the Code of Criminal Procedure. Such issues are matters for trial and can appropriately be established before the court below by way of cross-examination of the material witnesses and by leading rebuttal evidence, should the petitioner so desire. 4. In view of the above, and without expressing any opinion on the merits of the rival contentions, this petition does - 4 - HC-KAR NC: 2025:KHC:37173 CRL.P No. 3204 of 2024 not warrant interference at this stage and accordingly stands dismissed. All contentions of the parties are kept open. All pending interlocutory applications, if any, shall stand disposed of in terms of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 2 CT: BHK